IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
Bail Appl..No. 7531 of 2018
CRIME NO. 680/2018 OF VARAPPUZHA POLICE STATION , ERNAKULAM
PETITIONERs/ACCUSED 1 TO 3:
1 BAIJU E.J.,
S/O JOSEPH, AGED 39 YEARS, RESIDING AT EDATHIL HOUSE,
PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.
2 JOSEPH,
S/O.KUNJUVAREETH, AGED 67 YEARS, RESIDING AT EDATHIL
HOUSE, PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.
3 ALPHONSA,
W/O.JOSEPH, AGED 65 YEARS, RESIDING AT EDATHIL HOUSE,
PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.
BY ADVS.
SRI.T.MADHU
SRI.ABHILASH JOSE
SRI.C.R.SARADAMANI
RESPONDENT/STATE:
THE STATE OF KERALA,
THROUGH THE STATION HOUSE OFFICER, VARAPPUZHA POLICE
STATION, ERNAKULAM DISTRICT, REPRESENTED BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.
SRI. D CHANDRASENAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 7531/2018 -2-
ORDER
The petitioners are accused Nos. 1 to 3 in Crime No. 680 of 2018
of Varapuzha Police Station, Ernakulam for an offence punishable under
Section 498A r/w Section 34 IPC.
2. The case of the prosecution is as follows:
The first accused is the husband of the de facto complainant and
the second and third accused is the father-in-law and mother in law of
the de facto complainant respectively. The marriage between the de
facto complainant and the first accused was solemnized on 30.04.206.
In that wedlock, a baby boy was born to them. The first accused is a
carpenter and he used to quarrel with the de facto complainant for silly
reasons. On 30.07.2018, the de facto complainant was assaulted by
the accused. The de facto complainant has suffered cerebral
hemorrhage during her childhood and she underwent a surgery for that.
The same was informed to the accused before marriage and even then
the accused used to quarrel with the de facto complainant. The de facto
complainant along with her child is now residing at her parental house
for the last more than four months. The first accused did not give
maintenance to the de facto complainant and the child for four months
and thereby they have committed the aforesaid offence.
3. I have heard the learned counsel for the petitioners and the
B.A. No. 7531/2018 -3-
learned Public Prosecutor.
4. The learned counsel for the petitioners argued that they are
innocent of the allegations levelled against them. They undertake that
that they will co-operate with the investigation and will not tamper with
the evidence.
5. Considering the arguments advanced by both sides, I find that
it is just and proper to grant anticipatory bail to the petitioners.
In the result, this application is allowed and the SHO, Varappuzha
Police Station is directed to enlarge the petitioners on bail in the event
of their arrest on execution of a bond for Rs.50,000/- (Rupees fifty
thousand only) each with two solvent sureties each for the like sum to
the satisfaction of the Investigating Officer.
sd/-
ANNIE JOHN,
JUDGE.
Rv
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